Terms and Conditions of Trading
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
[“Client”, “Customer”, “You” and “Your”] refers to you, the person accessing the website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Archimedes Consulting Ltd or Eureka or Eureka Schools as other trading names of Archimedes Consulting Ltd
All terminology herein is relative to the offer and acceptance of goods/services and consideration of payment necessary constituting contractual obligation as defined by the Sale of Goods and Supply of Services Act (as amended) to assist the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products in accordance with and subject to prevailing English & Welsh Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Clients are deemed to have read, understood and agreed to abide by the following terms and conditions:
In accessing this website and/or using services, you are deemed to have read, understood and agreed to be bound by the Company’s Privacy & Disclaimer Notices, Refunds Policies and the following Terms & Conditions of Trading:
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this website or Archimedes Services. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from the website will be uninterrupted, timely or error free, although it is provided to the best ability. By using Company services you thereby indemnify the Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused. Services are not made available to you on any other basis than as is stated in these Terms & Conditions of Trading.
Electronic Transfer (BACS/CHAPS) and Business or personal Cheques, are all acceptable methods of payment. Cheques Payable to: Archimedes Consulting Ltd. Full bank details are available for BACS payments. Our Terms are payment in full within 30 days. Block rate fees require payment in full within thirty days. We reserve the right to impose a minimum 10% deposit booking charge, subject to acceptance. Any outstanding balance will be invoiced on the day of service delivery, to be settled in full within 30 days. Monies that remain outstanding by the due date will incur late payment interest on any outstanding balance at the statutory rate of 8% above the prevailing Bank of England Base Reference Rate, until such time as the balance is paid in full and final settlement. The Company reserves the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via Collection Agencies. In such circumstances, you shall be liable for any and all additional administrative and/or court costs and/or compensatory claims for costs incurred in undertaking debt recovery action. We reserve the right to terminate the arrangement and consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Archimedes Consulting Ltd agrees to undertake duties on the client’s behalf and all normally incurred expenses will be met by the client. These expenses may include the following: Travel and hotel accommodation, Agreed incidental expenses, Cost of using own motor vehicle at 63p a mile, Cost of hiring any necessary equipment. Cost of producing materials or aids to support any programme.
In the event that a client cancels or postpones any agreed work, the following cancellation fees will apply:
Up to 28 working days before commencement work 0% fee
Up to 14 working days before commencement of work 50% fee
Up to 7 working days before commencement of work 100% fee
Notification, in person, via email, mobile phone ‘SMS text message’, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a charge to cover any subsequent administrative expenses (e.g. hotel accommodation / travel / sub-contracted fees / custom print expenses, etc) which have been incurred.
Neither Party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such Party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which entitled hereunder, shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated as such and signed by both Parties.
Assignment and Delegation
You may not assign or delegate any rights or obligations under any Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under any Agreement, fully or partially. We may also substitute by way of unilateral novation effective upon notice to you for any third party that assumes our rights and obligations under any Agreement.
Links to/from the Website
You may not use any content from our website without our prior written consent. If you do create a link to a page of the website you do so at your own risk and the exclusions and limitations set out in these clauses will apply to your use of the website by linking to it. We do not monitor or review the content of other party’s websites which are linked from our website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. We will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information. Your PC system is required to accept cookies to allow site navigation. Some of our affiliate partner’s sites may also require this. Cookies are used in some websites to enable the functionality of the site, to track user’s web browsing movements and for ease of use for those people visiting.
The Company uses several e-mail addresses for different and appropriate purposes. These, & other contact information, can be found on the Contact Us page or via Company literature or via the Company’s stated telephone numbers.
Intellectual Property Rights
In accepting the full Terms & Conditions contained herein, you warrant that you will not modify, copy, photocopy, alter, adapt, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, nor use the information howsoever it exists, whether in written, oral, electronic or mechanical form, nor transfer, teach, undertake training on the basis of, or sell any information, nor commercially exploit the content, products or services obtained from use of, or access to the Company’s, website and services in any way whatsoever or howsoever. Copyright and/or other intellectual property rights applying to materials, literature or other services content created by us as a consequence of provision of consultancy or other services to you remain vested with Archimedes Consulting unless specific arrangement and written agreement has been reached to transfer or sell such rights to you. Any breach or attempt to breach this agreement without express written consent is strictly prohibited and may give rise to litigation. Any application in relation to licensing of Company copyright images, logos and materials should be addressed to the Company at the address given under the Communication clause above. Brand names and specific services of this Company featured in literature are protected by copyright, together with the full content of the website. Trade Marks of partner, sponsorship and funding organisations connected with the Company have been used with permission. Copyright and other Intellectual Property Rights exist on such marks and any and all other literature or promotional material supplied during consultancy. Any unauthorised use may result in legal proceedings being instigated.
Termination of Agreements and Refunds Policy
Either Party has the right to terminate any contractual Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered where a Service is deemed to have begun and is, for all intents and purposes, underway.
English and Welsh law govern these Terms & Conditions of Trading. By accessing the website and/or engaging in contractual agreement with the Company you consent and agree to abide by these Terms & Conditions of Trading including the supplemental Privacy and Disclaimer Notices, Policies and to the exclusive jurisdiction of these courts in all disputes arising out of such access. If any of these Terms and/or Conditions are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms & Conditions and the remainder shall continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes/Variation of Terms
These terms and conditions including supplemental’s stated above form the entire Agreement between the Client and the Company. Your accessing of the website and/or undertaking of a booking, accessing downloads, and entering into contractual Agreement for consultancy or other services indicates your understanding, agreement to and acceptance of the full Terms & Conditions contained herein. Your statutory Consumer Rights are unaffected.
© 2015 Archimedes Consulting Ltd All Rights Reserved
5 Doolittle Yard
Company Number: 04343875
VAT Number: 801531868